COUNTING THE VOTE: THE JUDGE

COUNTING THE VOTE: THE JUDGE; Democratic Judge Has a Record of Fairness, Colleagues Say

By STEPHEN LABATON

Published: November 13, 2000

WASHINGTON, Nov. 12—
The federal judge selected at random to hear the Bush campaign's lawsuit seeking to block hand-counting of ballots in some counties in Florida is a lifelong Democrat who has long been active in liberal causes, ranging from protecting the rights of children to finding lawyers to represent death row inmates and indigents in civil cases.

The judge, Donald M. Middlebrooks, is also highly regarded by Democrats and Republicans, as well as prosecutors and criminal defense lawyers, who after working with him or appearing in his court widely agree that he is fair and thoughtful.

In his three years on the federal bench in Miami, Judge Middlebrooks, 53, an appointee of President Clinton, has decided two particularly noteworthy cases in which he took on powerful local interests and revealed a deeply independent streak.

In the first, he refused to dismiss a major environmental case against a Florida institution, Royal Caribbean Cruises, which had as its lawyers two former United States attorneys general and two former heads of the Justice Department's environmental section. After the judge's decision, which stopped the company's efforts to claim immunity under international law, Royal Caribbean, the world's second-largest cruise line, did not contest charges from all over the United States and the Caribbean that it had dumped hazardous materials. The company paid more than $27 million in fines.

In the second, Judge Middlebrooks threw out one of Miami's biggest public corruption cases, finding that the federal prosecutors in a case involving the local port had presented a flawed prosecution although there was ''substantial evidence of greed and public corruption.''

On Monday, Judge Middlebrooks will begin considering the case that could determine the next president of the United States. The judge has scheduled a hearing on the Bush campaign's lawsuit seeking an injunction to block Florida officials from counting ballots by hand.

Lawyers and friends say the judge is a mainstream Democrat whose career has shown a particularly deep interest in legal work for the unrepresented and for children.

Judge Middlebrooks, whose father-in-law is Harry Johnston, a former congressman from Palm Beach, grew up in Orlando and attended the University of Florida, where he was elected class president.

He began his legal career working for a Democrat, and since then, the bulk of his $6,000 in political donations on file at the Federal Elections Commission has gone to Democrats, although he gave $250 to the National Republican Senatorial Committee in 1996.

Shortly after graduating from the University of Florida Law School, Judge Middlebrooks worked as a junior lawyer and then as the general counsel to Gov. Reubin Askew of Florida, a prominent Democrat.

One of his most notable assignments in that position was the investigation in the early 1970's of two men convicted of killing two gas station attendants in the Panhandle in 1963. The investigation found that the two men were innocent, leading Governor Askew to issue pardons in 1975.

While he worked in the governor's office, Judge Middlebrooks also helped to draft the first ethics law requiring state politicians to disclose their finances, and the first sunshine law that opened government meetings and records to the public.

After leaving the governor's office, Judge Middlebrooks became a commercial lawyer with the Florida firm of Steel, Hector & Davis and was president of Legal Services in the state and a director of the Florida Bar Children's Fund. He headed the Volunteer Lawyer Resource Center, which helped find lawyers for inmates on death row.

He also represented a number of news organizations, including The Palm Beach Post. In one of his most notable victories, he won a jury trial against a local television station in a $150 million libel lawsuit filed by an airline that had been accused of helping to ship cocaine for the Central Intelligence Agency.

Lawyers who know Judge Middlebrooks said that, despite his Democratic background, he has never shown any signs of being anything other than a thoughtful and unbiased judge who works long hours and gives all sides ample time to argue their case.

Joseph P. Klock Jr., the managing partner at Steel, Hector & Davis, said the judge ''is probably one of the most intelligent human beings I have ever met.''

Mr. Klock, who said he voted for Gov. George W. Bush, said he had complete faith that Judge Middlebrooks would handle the Bush campaign's complaint fairly.

''I am biased, and I admire him a great deal,'' Mr. Klock said. ''But I think that you're going find that people consider him to be very fair.''

But other lawyers said that the politically charged atmosphere in Florida would make some criticism of the judge's decision inevitable because of his affiliation with the Democratic Party.

Michael E. Botos, a lawyer who worked with Judge Middlebrooks at the Steel firm, said the judge's Democratic background was bound to become an issue.

''Don's a great guy, and he's smart,'' Mr. Botos said. ''He'll weigh it very fairly, but if I were a Republican prosecutor and had my druthers, I would not pick Don, or anyone with that background. ''

Photo: Judge Donald M. Middlebrooks of Federal District Court will begin hearings today on the Bush lawsuit to block a hand counting in Florida. (Associated Press)